South Carolina Attorney General Alan Wilson has entered a federal lawsuit aiming to halt an expansion of Obamacare that would include certain undocumented immigrants, specifically DACA recipients, under the banner of those “lawfully present” in the U.S. This category expansion by the Biden administration incorporates “Dreamers,” young individuals brought to the U.S. illegally as children.
Attorney General Wilson expressed understanding for the plight of DACA recipients, stating, “I’m sympathetic to these people who didn’t choose to be brought here.” However, he criticized the administration’s action, arguing, “This is yet another example of the Biden administration trying to do something it doesn’t have the authority to do.”
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The lawsuit contends that the extension of Obamacare benefits to DACA recipients oversteps legal bounds, citing that Congress has set specific eligibility criteria for federal benefits which do not include individuals with deferred action under DACA. The Affordable Care Act stipulates coverage for “citizens or nationals of the United States and aliens lawfully present,” a category that does not encompass DACA recipients, who are considered unlawfully present by definition.
The contentious policy, scheduled to take effect on November 1, would potentially allow over 200,000 DACA recipients to access taxpayer-funded health plans. According to U.S. Citizenship and Immigration Services, around 4,840 DACA recipients reside in South Carolina, contributing to the state’s undocumented population that incurs costs between $555 million to $756 million annually.
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The lawsuit seeks to delay the implementation of the new rule pending judicial review, urging the court to declare the rule unlawful and prevent the Biden administration and the Centers for Medicare & Medicaid Services from enforcing it.
South Carolina is not alone in this challenge; it is joined by Kansas, Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Dakota, Tennessee, and Virginia in the lawsuit.
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